Shillong (Meghalaya), April 17: The High Court of Meghalaya on Tuesday ended a 14-year pay parity fight by ordering CSOLS scales for Assam Rifles Hindi translators, ruling that the Home Ministry’s own circulars and the Union’s written admission leave no scope for denial.
Chief Justice Revati Mohite Dere and Justice W. Diengdoh dismissed _WP(C) No. 346 of 2023_ filed by the Ministries of Home Affairs, Finance and Director General Assam Rifles against fourteen officers including Vinod Kumar Nautiyal, Miss Parbati Pyngrope and Nabrun Dev, upholding CAT Guwahati’s March 21, 2023 order that had quashed DGAR’s December 19, 2016 speaking order and directed upgraded pay from each respondent’s date of entitlement.
The bench relied on the Finance Ministry’s November 24, 2008, O.M. that extended Sixth CPC CSOLS scales to similarly designated posts in subordinate offices w.e.f. 1.1.2006, the November 27, 2008 corrigendum reiterating the mandate, and a May 2, 2013 MHA letter that flagged non-implementation and sought compliance. Annexure 13 at page 473 of the paper-book lists Assam Rifles at Sl. No. 8 under the 25 attached and subordinate offices of MHA, which the Court said the petitioners cannot deny.
The Union’s own reply before CAT in para 18 admitted that the respondents’ educational qualifications, duties and responsibilities are similar to CSOLS counterparts and agreed in principle, but withheld benefits citing lack of specific MHA orders. The Court held the O.M. and corrigendum are clear and no further direction was required, and once equal qualification and duties are accepted, pay parity follows.
R. Debnath, CGC for the Union, argued CAT misapplied equal work for equal pay and that posts differ in hierarchy and recruitment. M. Chanda, with M.L. Nongpiur and K. Abhinav, relied on the circulars, Annexure 13 and the Centre’s admission. After perusing CAT’s November 3, 2011, order, the 2016 speaking order, MHA circulars of February 19, 2003, February 26, 2003, November 24, 2008, November 27, 2008, the April 2, 2009, O.M., and related judgments, the Court found no interference warranted.
The petition stands dismissed and the Tribunal’s order must be complied with within eight weeks, signed by Justice W. Diengdoh and Chief Justice Revati Mohite Dere. The litigation that began with O.A. No. 295 of 2010 and ran through multiple remands now closes on the strength of the Government’s own files, leaving only verification of posts, revised orders and arrears to be done.
